Legal Question in Criminal Law in Washington

Re: rights reinstated

Upon successful completion of all of the conditions of the judgment and sentence, the offender is entitled to a Certificate of Discharge, which restores core civil rights - to vote, hold elected office and serve as a juror.

If the offender completes the condition prior to the expiration of supervision, the state is obligated to file the certificate. However, if there any conditions remaining at the termination of supervision, e.g. legal financial obligations, the burden is upon the offender to file a motion for a certificate of discharge.

Check with the clerk's office for a copy of the certificate of discharge. If one has not been filed, you can find forms and instructions at www.courts.wa.gov [select FORMS, select CRIMINAL].

If you wish to restore the right to possess firearms, you will need to file a separate petition. The eligibility requirements can be found in RCW 9.41.040(4); they are summarized on my website. You may be able to find forms, but you must be sure that they comport with current practice and procedure (state and federal). While some forms require much more than is necessary, they will likely get the job done. NOTE: You will have to have the certificate of dischage as well to be clear under federal law.

You may also be eligible to vacate the conviction. Vacating doesn't expunge or destroy the records, but there are benefits. You can find the eligibility requirements in RCW 9.94A.640 (and summarized on my website). You can also find the forms at the aforementioned website for courts.